The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-10-28
LYNCHINaS AND LAW.


District Attorney Sellers thinks that
'.lynchings and other violent outbreaks are
becoming altogether too common in this
State and something decisive should be done
to prevent them" There is no doubt about
this. We are not sure that the evil is confined
TO Indiana. or that the conditions materi-
ally different in this State from those that
exist in other Western States. Certainly
people. as class, are not less law-abiding
more inclined to violence than are those OF
lynchings have latterly been increasing in
frequency. The evil is patent and notorious,
and calls for careful consideration with view
to discovering the cause and remedy. In
the opinion of the Journal there is not a
particle of doubt that the trouble has its
origin in the non en- forcement of law, or its
slow, lax and inefficient enforcement. and
that the remedy is in establishing different
order of things. In other words, vigorous
enforcement of law will do away with lynch
ings, and by this we do not mean an enforce
ment of law merely against lynchers and
nobs. That is demanded also, but that alone
viii not prevent lynchings. That
is simply treating the disease
after it is developed We must
remove the causes that lead to the disease. Men
take the law into their own hands in order to
make sure Of essential justice being done. and
because they fear the courts will not do it.
of Iofo
justice and UNPUBLISHED crime, many Grim
inals escape through the technicalities and
delays of the law, or if convicted pardoned,
perhaps, and turned loose again on society,
gusted. This, to use current phrase, is
Gods truth about the business. The fault is
in the law and its administration. This is
the condition of things for which we are to
seek remedy. Mr.. Sellers says:
''There are two things needful to bring
about better state of affairs. Our Constitu-
ton must be changed to allow the State
to take changes of venue, in criminal cases,
that they may be removed from local
prejudices and influences, and adequate
salaries should be provided for prosecuting
attorneys, that thoroughly competent men
could be obtained to prosecute criminals"
These suggestions good in their way,
though they do not cover the case Perhaps
both Of these changes should be made, but
others should be added. A way should be
found to 'brace up" judges and make them
realize that society has rights as we'll
as criminals. A way should be found
to prevent continuances, motions for
new trials, appeals, writs of error
and other dilatory proceedings except for very
strong and obvious reasons. Prosecutions for
crime should be short, sharp and decisive.
Criminal lawyers should be handled without
gloves. Sentence and punishment should
follow swift after conviction. Judges should
not only do their own duty, but compel juries
to do theirs. If necessary to secure greater
independence of the Judiciary the term of
Office should be heightened, and if necessary
to secure better talent judges salaries should
be increased These suggestions hint at
thorough reform of our criminal jurisprudence,
and that is what is needed. If we have a bar
association it could not do a better service
than by taking this matter in hand and bring
ing it before the Legislature. Meanwhile,
we suggest to District Attorney Sellers that
he show by his earnest prosecution of criminal
cases in the federal court that he is disposed
to do his share toward the vigorous enforce
ment of law.